Daryl Atkins |
The storytelling techniques employed by Justices Stevens
(for the majority) and Scalia (for the dissent) are wonderful examples of the
power of a story. Each justice intentionally provides certain levels of
detail, employs varied sentence structure, and uses choice words to highlight and
deemphasize facts.
Stevens’s version of the facts:
Stevens’s version of the facts:
Petitioner, Daryl Renard Atkins, was convicted of abduction, armed robbery, and capital murder, and sentenced to death. At approximately midnight on August 16, 1996, Atkins and William Jones, armed with a semiautomatic handgun, abducted Eric Nesbitt, robbed him of the money on his person, drove him to an automated teller machine in his pickup truck where cameras recorded their withdrawal of additional cash, then took him to an isolated location where he was shot eight times and killed.
Stevens’s facts are intentionally sterile and devoid of details. Now read Scalia’s story:
After spending the day drinking alcohol and smoking marijuana, petitioner Daryl Renard Atkins and a partner in crime drove to a convenience store, intending to rob a customer. Their victim was Eric Nesbitt, an airman from Langley Air Force Base, whom they abducted,
drove to a nearby automated teller machine, and forced to withdraw $200. They then drove him to a deserted area, ignoring his pleas to leave him unharmed. According to the co-conspirator, whose testimony the jury evidently credited, Atkins ordered Nesbitt out of the vehicle and, after he had taken only a few steps, shot him one, two, three, four, five, six, seven, eight times in the thorax, chest, abdomen, arms, and legs.
These two passages tell very different stories and evoke different emotions. Stevens, for example, crams his factual background into 2 sentences—the second of which is 61 words long. Details get lost in a long sentence, especially details at the beginning or middle of the sentence. Scalia, on the other hand, writes 4 shorter sentences that better emphasize and highlight the damning details of the crime.
A bank camera image of Jones, Nesbitt, and Atkins Courtesy of the Daily Press (via the New York Times) |
These two passages tell very different stories and evoke different emotions. Stevens, for example, crams his factual background into 2 sentences—the second of which is 61 words long. Details get lost in a long sentence, especially details at the beginning or middle of the sentence. Scalia, on the other hand, writes 4 shorter sentences that better emphasize and highlight the damning details of the crime.
Stevens
provides no background about Nesbitt or Atkins, but we learn from Scalia that Nesbitt
was a member of the military serving his country while Atkins had been drinking
alcohol and smoking marijuana on the day the crime occurred. With Stevens’s
version, the reader has no particular feelings about Atkins, while
Scalia’s facts make the reader instantly dislike or distrust Atkins and feel
sympathy for Nesbitt.
Stevens
uses benign words, describing how Atkins robbed Nesbitt “of the money on his
person” then “took” Nesbitt to the location where he was killed. Scalia, on the
other hand, employs stronger language: he describes how Atkins ignored Nesbitt’s
pleas, “forced” Nesbitt to withdraw money from an ATM, and “ordered” Nesbitt
out of the vehicle before shooting him.
Even
the language used to describe the shooting itself is carefully selected. The
reader learns from Stevens that Nesbitt was shot eight times, a statement that
evokes little emotion. But with Scalia, the reader feels each shot—one, two,
three, four, five, six, seven, eight.
These
stories come from an opinion, but the persuasive value in each is evident, and
they serve as good examples of the power good storytelling. The factual background of
many cases will not be as interesting—after all, parties litigate contract
disputes all the time—but every factual statement can be put into a narrative
that tells the story of why the client should prevail.
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